MANDHATA SINGH & ANR. Vs. BANS BAHAL SINGH

JUDGEMENT

(1.) Heard Mr. A.P. Singh, learned counsel for appellants as well as Mohd. Arif Khan, learned Senior Advocate assisted by Mr. Hari Om Pandey, learned counsel, who has put in appearance on behalf of respondent and perused the record.

(2.) This Second Appeal has been filed under Sec. 100 CPC1 against the judgment and order dated 27.10.2016 passed in Civil Appeal No. 139 of 2009 (Mandhata Singh & Another Vs. Bans Bahal Singh), decree passed in the aforesaid appeal as well as judgment and order dated 11.12009 passed in Regular Suit No. 161 of 1982 [Har Dutt Singh (deceased) and Bans Bahal Singh substituted in place of plaintiff Vs. Ram Kumar (deceased) Mandhata Singh & Another through legal representative] and decree passed in the aforesaid regular suit.

(3.) As per the facts of the case, in brief, the respondent-plaintiff filed a suit for cancellation of the sale-deed dated 09.09.1981 (presented for registration on 110.1981 and registered in the office of Sub Registrar on 17.12.1981) alleged to have been executed in favour of 1 Code of Civil Procedure, 1908 defendant by putting some impostor. The Suit was contested by the defendant by filing written statement denying the aforesaid allegations. The Trial Court, on the basis of the pleadings of the parties, framed necessary issues and decided issues no. 1 and 2 holding that the sale-deed was obtained by the defendant (Predecessor-in-Interest of present appellants) by putting some impostor in place of Har Dutt Singh (plaintiff), predecessor-ininterest of the present respondent by drawing adverse inference against the defendant, who despite the order passed by the Court for production of the sale-deed, had not filed the same in the Court. Being aggrieved against the said judgment and order passed by the Trial Court, the appellants filed First Appeal before the lower appellate Court wherein the Court after considering the facts and circumstances of the case as well as evidence on record dismissed the appeal vide judgment and order dated 27.10.2016. Being aggrieved the appellants have filed the instant second appeal.